---
kind: "section"
citation: "20 U.S.C. § 6083"
title: "20"
title_heading: "Education"
number: "6083"
heading: "Nonsmoking policy for children’s services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/6083"
units:
  - "Chapter 68 — National Education Reform"
  - "Subchapter X — Miscellaneous"
  - "Part B — Environmental Tobacco Smoke"
---

# §6083. Nonsmoking policy for children’s services

- (a) **Prohibition—** After March 31, 1994, no [person](/usc/20/6082.md?p=3) shall permit smoking within any [indoor facility](/usc/20/6082.md?p=4) owned or leased or contracted for and utilized by such [person](/usc/20/6082.md?p=3) for provision of routine or regular kindergarten, elementary, or secondary education or library services to [children](/usc/20/6082.md?p=1).
- (b) **Additional prohibition—** After March 31, 1994, no [person](/usc/20/6082.md?p=3) shall permit smoking within any [indoor facility](/usc/20/6082.md?p=4) (or portion thereof) owned or leased or contracted for by such [person](/usc/20/6082.md?p=3) for the provision by such [person](/usc/20/6082.md?p=3) of regular or routine health care or day care or early childhood development (Head Start) services to [children](/usc/20/6082.md?p=1) or for the use of the employees of such [person](/usc/20/6082.md?p=3) who provides such services, except that this subsection shall not apply to—
  - (1) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
  - (2) any private residence.
- (c) **Federal agencies—**
  - (1) **Kindergarten, elementary, or secondary education or library services—** After March 31, 1994, no Federal agency shall permit smoking within any [indoor facility](/usc/20/6082.md?p=4) in the United States operated by such agency, directly or by contract, to provide routine or regular kindergarten, elementary, or secondary education or library services to [children](/usc/20/6082.md?p=1).
  - (2) **Health or day care or early childhood development services—** After March 31, 1994, no Federal agency shall permit smoking within any [indoor facility](/usc/20/6082.md?p=4) (or portion thereof) operated by such agency, directly or by contract, to provide routine or regular health or day care or early childhood development (Head Start) services to [children](/usc/20/6082.md?p=1), except that this paragraph shall not apply to—
    - (A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
    - (B) any private residence.
  - (3) **Application of provisions—** The provisions of [paragraph (2)](#c-2) shall also apply to the provision of such routine or regular kindergarten, elementary or secondary education or library services in the facilities described in [paragraph (2)](#c-2) not subject to [paragraph (1)](#c-1).
- (d) **Notice—** The prohibitions in subsections [(a)](#a) through [(c)](#c) shall be incorporated by publication of a notice in the Federal Register by the [Secretary](/usc/20/5802.md?p=a-12) (in consultation with the heads of other affected agencies) and by such agency heads in funding arrangements involving the provision of [children](/usc/20/6082.md?p=1)’s services administered by such heads. Such prohibitions shall be effective 90 days after such notice is published, or 270 days after March 31, 1994, whichever occurs first.
- (e) **Special waiver—**
  - (1) **In general—** On receipt of an application, the head of the Federal agency may grant a special waiver to a [person](/usc/20/6082.md?p=3) described in [subsection (a)](#a) who employs individuals who are members of a labor organization and provide [children](/usc/20/6082.md?p=1)’s services pursuant to a collective bargaining agreement that—
    - (A) took effect before March 31, 1994; and
    - (B) includes provisions relating to smoking privileges that are in violation of the requirements of this section.
  - (2) **Termination of waiver—** A special waiver granted under this subsection shall terminate on the earlier of—
    - (A) the first expiration date (after March 31, 1994) of the collective bargaining agreement containing the provisions relating to smoking privileges; or
    - (B) the date that is 1 year after March 31, 1994.
- (f) **Civil penalties—**
  - (1) **In general—** Any failure to comply with a prohibition in this section shall be a violation of this section and any [person](/usc/20/6082.md?p=3) subject to such prohibition who commits such violation may be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, or may be subject to an administrative compliance order, or both, as determined by the [Secretary](/usc/20/5802.md?p=a-12). Each day a violation continues shall constitute a separate violation. In the case of any civil penalty under this section, the total amount shall not exceed the amount of Federal funds received by such [person](/usc/20/6082.md?p=3) for the fiscal year in which the continuing violations occurred. For the purpose of the prohibition in [subsection (c)](#c), the term “[person](/usc/20/6082.md?p=3)” shall mean the head of the applicable Federal agency or the contractor of such agency providing the services to [children](/usc/20/6082.md?p=1).
  - (2) **Administrative proceeding—** A civil penalty may be assessed in a written notice, or an administrative compliance order may be issued, by the [Secretary](/usc/20/5802.md?p=a-12) only after an opportunity for a hearing in accordance with [section 554 of title 5](/usc/5/554.md). Before making such assessment or issuing such order, or both, the [Secretary](/usc/20/5802.md?p=a-12) shall give written notice thereof to such [person](/usc/20/6082.md?p=3) by certified mail with return receipt and provide therein an opportunity to request in writing not later than 30 days after the date of receipt of such notice such hearing. The notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a simple form to request such hearing if such [person](/usc/20/6082.md?p=3) desires to use such form. If a hearing is requested, the [Secretary](/usc/20/5802.md?p=a-12) shall establish by such certified notice the time and place for such hearing which should be located, to the greatest extent possible, at a location convenient to such [person](/usc/20/6082.md?p=3). The [Secretary](/usc/20/5802.md?p=a-12) (or the [Secretary](/usc/20/5802.md?p=a-12)’s designee) and such [person](/usc/20/6082.md?p=3) may consult to arrange a suitable date and location where appropriate.
  - (3) **Circumstances affecting penalty or order—** In determining the amount of the civil penalty or the nature of the administrative compliance order, the [Secretary](/usc/20/5802.md?p=a-12) shall take into account, as appropriate—
    - (A) the nature, circumstances, extent, and gravity of the violation;
    - (B) with respect to the violator, any good faith efforts to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of the penalty or order on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner; and
    - (C) such other matters as justice may require.
  - (4) **Modification—** The [Secretary](/usc/20/5802.md?p=a-12) may, as appropriate, compromise, modify, or remit, with or without conditions, any civil penalty or administrative compliance order. In the case of a civil penalty, the amount, as finally determined by the [Secretary](/usc/20/5802.md?p=a-12) or agreed upon in compromise, may be deducted from any sums that the United States or its agencies or instrumentalities owes to the [person](/usc/20/6082.md?p=3) against whom the penalty is assessed.
  - (5) **Petition for review—** Any [person](/usc/20/6082.md?p=3) aggrieved by a penalty assessed or an order issued, or both, by the [Secretary](/usc/20/5802.md?p=a-12) under this section may file a petition for judicial review thereof with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the [person](/usc/20/6082.md?p=3) resides or transacts business. Such [person](/usc/20/6082.md?p=3) shall provide a copy thereof to the [Secretary](/usc/20/5802.md?p=a-12) or the [Secretary](/usc/20/5802.md?p=a-12)’s designee. The petition shall be filed within 30 days after the [Secretary](/usc/20/5802.md?p=a-12)’s assessment or order, or both, are final and have been provided to such [person](/usc/20/6082.md?p=3) by certified mail. The [Secretary](/usc/20/5802.md?p=a-12) shall promptly provide to the court a certified copy of the transcript of any hearing held under this section and a copy of the notice or order.
  - (6) **Failure to comply—** If a [person](/usc/20/6082.md?p=3) fails to pay an assessment of a civil penalty or comply with an order, after either or both are final under this section, or after a court under [paragraph (5)](#f-5) has entered a final judgment in favor of the [Secretary](/usc/20/5802.md?p=a-12), the Attorney General, at the request of the [Secretary](/usc/20/5802.md?p=a-12), shall recover the amount of the civil penalty (plus interest at then currently prevailing rates from the day either or both are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review.

## Source credit

(Pub. L. 103–227, title X, § 1043, Mar. 31, 1994, 108 Stat. 272.)